Matinadevi Dayaram Yadav v. The New India Ass. Co. Ltd.

33 caf3052-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3052 OF 2015 IN FIRST APPEAL NO.21 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.T.J.Mendon for the applicant Ms.Divya Menon i/b Mr.S.S.Vidyarthi for the respondent

CORAM

: K.K.TATED, J.

DATED : 29/01/2016 PC:

Heard the learned counsel for the parties.

This application is preferred by claimant for withdrawal of the amount deposited by the Insurance Company.

The learned counsel for the applicant submits that the present First Appeal No.21 of 2010 was dismissed for non compliance of conditional order for filing of paper book. Hence, applicant preferred present Civil Application for withdrawal of the amount. He submits that during the pendency of the present Civil Application, the Appellant Insurance Company preferred application for restoration of First Appeal and Mohite 1/2

33 caf3052-15.doc same is allowed. He submits that in view of subsequent development, applicant may be permitted to withdraw the present Civil Application with liberty to file fresh Civil Application for same cause of action. Same is permitted.

Civil Application is dismissed as withdrawn with liberty as prayed.

(K.K.TATED, J.) Mohite 2/2